A contested divorce can be filed by either one of the parties. In a contested divorce, one party must serve the other party with a Complaint for Divorce. After the Complaint for Divorce is served, either party may decide to go before a Judge to decide Temporary Orders. The Temporary Orders can be agreed upon jointly by the parties or the Judge may decide the terms. The Temporary Orders will cover all of the relevant issues, such as child support and a parenting plan. The Temporary Orders will be in effect until the parties have come to an agreement through a separation agreement or after a trial. During the divorce, the parties will have a number of court dates, including Motions, Pretrial Conference, and Trial. If the parties are unable to come to an agreement on the trial date, the Judge will hold a trial and all of the witnesses will testify. The Judge will then render a decision on all issues of the divorce.
In an uncontested divorce, the parties meet with each other to discuss all of the issues of their divorce. Here is a list of the major issues that the parties must come to an agreement on:
- Child Support
- Alimony
- Parenting Plan
- Division of Marital Assets & Liabilities
- Health Insurance
- Life Insurance
Divorce Mediation can be a very helpful way to facilitate an uncontested divorce. Once the parties have agreed on all of the issues, a Separation Agreement is drafted and is filed with the court along with a Joint Petition for Divorce. The parties are only required to go to court once, and a Judgment for Divorce will issue on that date.
Please contact Attorney Gomes if you are interested in Divorce Mediation and/or filing for an uncontested divorce in Massachusetts.
No comments:
Post a Comment